Cotter v. Miller

SMART, Judge.

This is an appeal from a wrongful death action arising out an alcohol related automobile accident that occurred on August 10, 1997, in Kansas City. Appellants John and Renee Cotter are the parents of Josh Cotter, who died as a result of the accident. Respondent Ronald R. Miller, was the driver of the car; Josh Cotter was his passenger. The jury returned a verdict finding Defendant Miller 80% at fault and the plaintiffs’ decedent 20% at fault. Subsequently, the trial court granted a motion for new trial or in the alternative for remittitur. The court ruled that a new trial would…